HomeMy WebLinkAboutContract 30206 CITY SECRETARY
CONTRACT NO .
CITY OF FORT WORTH,TEXAS
STANDARD AGREEMENT FOR ARCHITECTAL SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Komatsu
Architecture, Inc., (the "Architect"), for a PROJECT generally described as: Water Gardens Active
Pool Architectural Assessment
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The Architect's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ARCHITECT will be made as follows:
A. Invoice and Payment
(1) The Architect shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by the ARCHITECT for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will be
withheld from payment, and the undisputed portion will be paid. The CITY will
exercise reasonableness in contesting any bill or portion thereof. No interest will
accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ARCHITECT for billings contested in
good faith within 60 days of the amount due, the ARCHITECT may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until paid
in full, including interest. In the event of suspension of services, the ARCHITECT
shall have no liability to CITY for delays or damages caused the CITY because of
such suspension of services. _
Article IV
Obligations of the Architect
Amendments to Article 1V, if any, are includes in Attachment C.
A. General
The ARCHITECT will serve as the CITY's professional Architecture representative under
this Agreement, providing professional Architecture consultation and advice and furnishing
customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the Architect's services will be the degree of skill and
diligence normally employed in the State of Texas by professional Architects or consultants
performing the same or similar services at the time such services are performed.
C. Subsurface Investigations
(1) The ARCHITECT shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other subsurface
investigations in connection with design and Architecting work to be performed
hereunder. The ARCHITECT shall also advise the CITY concerning the results of
same. The CITY shall furnish such surveys, tests, and investigations, unless
otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the actual
characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface
evaluations, changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ARCHITECT.
D. Preparation of Architectural Drawings
The ARCHITECT will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the
property of the CITY. CITY may use such drawings in any manner it desires; provided,
however, that the ARCHITECT shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
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E. Architect's Personnel at Construction Site
(1) The presence or duties of the Architect's personnel at a construction site, whether as
on-site representatives or otherwise, do not make the ARCHITECT or its personnel
in any way responsible for those duties that belong to the CITY and/or the CITY's
construction contractors or other entities, and do not relieve the construction
contractors or any other entity of their obligations, duties, and responsibilities,
including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all portions of
the construction work in accordance with the Contract Documents and any health or
safety precautions required by such construction work. The ARCHITECT and its
personnel have no authority to exercise any control over any construction contractor
or other entity or their employees in connection with their work or any health or
safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ARCHITECT or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress or
quality of the completed work on the PROJECT or to determine, in general, if the
work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract Documents,
nor shall anything in the Contract Documents or the agreement between CITY and
ARCHITECT be construed as requiring the ARCHITECT to make exhaustive or
continuous on-site inspections to discover latent defects in the work or otherwise
check the quality or quantity of the work on the PROJECT. If, for any reason, the
ARCHITECT should make an on-site observation(s), on the basis of such on-site
observations, if any, the ARCHITECT shall endeavor to keep the CITY informed of
any deviation from the Contract Documents coming to the actual notice of
ARCHITECT regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in the
Scope of Services, the ARCHITECT shall be entitled to rely upon such certification
to establish materials, systems or equipment and performance criteria to be required
in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ARCHITECT shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ARCHITECT has no control over cost or price
of labor and materials; unknown or latent conditions of existing equipment or
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structures that may affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance by third parties;
quality, type, management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT cost or
schedule. Therefore, the ARCHITECT makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will not vary
from the Architect's opinions, analyses,projections, or estimates.
G. Construction Progress Payments
Recommendations by the ARCHITECT to the CITY for periodic construction progress
payments to the construction contractor will be based on the Architect's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that continuous
or detailed examinations have been made by the ARCHITECT to ascertain that the
construction contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the ARCHITECT has
made an examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work,materials, or equipment has passed to the
CITY free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ARCHITECT is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (MIWBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in City
contracts. Architect acknowledges the NIA"E goal established for this contract and its
commitment to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Architect may result in the
termination of this agreement and debarment from participating in City contracts for a
period of time of not less than three(3)years.
J. Right to Audit
(1) ARCHITECT agrees that the CITY shall, until the expiration of three (3)years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
ARCHITECT involving transactions relating to this co ARC1*Iff-E ees
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that the CITY shall have access during normal working hours to all necessary
ARCHITECT facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this section. The
CITY shall give ARCHITECT reasonable advance notice of intended audits.
(2) ARCHITECT further agrees to include in all its subconsultant agreements hereunder
a provision to the effect that the subconsultant agrees that the CITY shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine and photocopy any directly pertinent books, documents,
papers and records of such subconsultant, involving transactions to the subcontract,
and further, that the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate work space,
in order to conduct audits in compliance with the provisions of this article together
with subsection (3)hereof CITY shall give subconsultant reasonable advance notice
of intended audits.
(3) ARCHITECT and sub-consultant agree to photo copy such documents as may be
requested by the CITY. The CITY agrees to reimburse ARCHITECT for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the time
copying is performed.
Ic Architect's Insurance
(1) Insurance coverage and limits:
ARCHITECT shall provide to the City certificate(s) of insurance documenting policies of
the following coverage at minimum limits that are to be in effect prior to commencement of
work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit basis
OR
$250,000 Property Damage
$500,000 Bodily injury per person per occurrence
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease-policy limit
$100,000 disease- each employee
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Professional Liability
$1,000,000 per occurrence
$2,000,000 aggregate
(2) Certificates of insurance evidencing that the ARCHITECT has obtained all required
insurance shall be delivered to the CITY prior to ARCHITECT proceeding with the
PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include its
employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage specified
according to items section K.(1) and K.(2) of this agreement are provided
under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
(d) A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto Architect's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton,Fort Worth,Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state of
Texas or be otherwise approved by the CITY; and, such insurers shall be
acceptable to the CITY in terms of their financial strength and solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through insurance
pools or risk retention groups must be also approved. Dedicated financial
resources or letters of credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense, to
review the Architect's insurance policies including endorsements thereto
and, at the CITY's discretion, the ARCHITECT may be required to provide
proof of insurance premium payments.
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(i) The Commercial General Liability insurance policy shall have no exclusions
by endorsements unless the CITY in writing approves the exclusions.
(j) The Professional Liability insurance policy, if written on a claims made
basis shall be maintained by the ARCHITECT for a minimum two (2) year
period subsequent to the term of the respective PROJECT contract with the
CITY unless such coverage is provided the ARCHITECT on an occurrence
basis.
(k) The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement. It is understood that insurance cost is
an allowable component of Architect's overhead.
(1) All insurance required in section K., except for the Professional Liability
insurance policy, shall be written on an occurrence basis in order to be
approved by the CITY.
(m) Subconsultants to the ARCHITECT shall be required by the ARCHITECT
to maintain the same or reasonably equivalent insurance coverage as
required for the ARCHITECT. When sub-consultants maintain insurance
coverage, ARCHITECT shall provide CITY with documentation thereof on
a certificate of insurance. Notwithstanding anything to the contrary
contained herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not constitute
a breach by ARCHITECT of the Agreement.
L. Independent Consultant
The ARCHITECT agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
M. Disclosure
The ARCHITECT acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ARCHITECT further
acknowledges that it will make disclosure in writing of any conflicts of interest which
develop subsequent to the signing of this contract and prior to final payment under the
contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected, the
ARCHITECT will stop its own work in the affected portions of the PROJECT to permit
testing and evaluation.
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(2) If asbestos or other hazardous substances are suspected, the ARCHITECT will, if
requested, assist the CITY in obtaining the services of a qualified subcontractor to
manage the remediation activities of the PROJECT.
O. Permitting Authorities-Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current Architecting practice standards which the ARCHITECT should have
been aware of at the time this Agreement was executed, the ARCHITECT shall revise plans
and specifications, as required, at its own cost and expense. However, if design changes are
required due to the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this Agreement which the
ARCHITECT could not have been reasonably aware of, the ARCHITECT shall notify the
CITY of such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
The CITY will make available to the ARCHITECT all technical data in the CITY's
possession relating to the Architect's services on the PROJECT. The ARCHITECT may
rely upon the accuracy, timeliness, and completeness of the information provided by the
CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ARCHITECT as required for the
Architect's performance of its services and will provide labor and safety equipment as
required by the ARCHITECT for such access. The CITY will perform, at no cost to the
ARCHITECT, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the Architect's services. The CITY
will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay
for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the Architect's
services or PROJECT construction.
D. Timely Review
The CITY will examine the Architect's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorrrney, insurance counselor,
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accountant, auditor, bond and financial advisors, and other consultants as the CITY deems
appropriate; and render in writing decisions required by the CITY in a timely manner in
accordance with the project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ARCHITECT whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ARCHITECT'S
services or of any defect in the work of the ARCHITECT or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ARCHITECT will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ARCHITECT had no prior role in the
generation, treatment, storage, or disposition of such materials. In consideration
of the associated risks that may give rise to claims by third parties or employees of
City, City hereby releases ARCHITECT from any damage or liability related to
the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release or
escape of hazardous substances, contaminants, or asbestos is a result of Architect's
negligence or if ARCHITECT brings such hazardous substance, contaminant or
asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article N.E.
regarding the Architect's Personnel at Construction Site, and provisions providing
contractor indemnification of the CITY and the ARCHITECT for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with construction
contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ARCHITECT, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the Architecting services performed. Only
the CITY will be the beneficiary of any undertaking by the
ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and
the ARCHITECT and there are no third-party beneficiaries.
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(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall have no
third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any night
the CITY has to bring a claim against ARCHITECT.
I. CIT Y's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the
replacement cost value of the PROJECT. The CITY may provide ARCHITECT a
copy of the policy or documentation of such on a certificate of insurance.
(3) The CITY will specify that the Builders Fisk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ARCHITECT for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CITY. In the event CITY requests such services of the ARCHITECT, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the Architect's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ARCHITECT shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ARCHITECT, whether in hard copy or in electronic form, are instruments of service for this
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PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the
CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ARCHITECT will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ARCHITECT is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ARCHITECT.
D. Termination
(1) The CITY may terminate this AGREEMENT for convenience on 30 days' written
notice. Either the CITY or the ARCHITECT may terminated for cause if either party
fails substantially to perform through no fault of the other and does not commence
correction of such nonperformance with 5 days of written notice and diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ARCHITECT will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications or
other forms of ARCHITECT'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ARCHITECT'S personnel to document the
work underway at the time the CITY'S termination for convenience so that the work
effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ARCHITECT will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ARCHITECT for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the Architect's
personnel and subcontractors, and Architect's compensation will be made.
F. Indemnification
(1) The ARCHITECT agrees to indemnify and defend the CITY from any loss, cost, or
expense claimed by third parties for property damage and bodily injury, including
death, caused solely by the negligence or willful misconduct of t e M ,
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its employees, officers, and subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ARCHITECT and the CITY(or a
person identified above for whom each is liable) is a cause of such damage or injury,
the loss, cost, or expense shall be shared between the ARCHITECT and the CITY in
proportion to their relative degrees of negligence or willful misconduct as
determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement
1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business understandings
between the parties and shall apply to all the different theories of recovery, including breach
of contract or warranty, tort including negligence, strict or statutory liability, or any other
cause of action, except for willful misconduct or gross negligence for limitations of liability
and sole negligence for indemnification. Parties means the CITY and the ARCHITECT,
and their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and perfonnance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County,Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ARCHITECT arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ARCHITECT
hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim,
dispute or other matter in question shall be submitted to arbitration if both parties
acting reasonably agree that the amount of the dispute is likely to be less than
$50,000, exclusive of attomey's fees, costs and expenses. Arbitration shall be in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association or other applicable rules of the Association then in effect.
Any award rendered by the arbitrators less than $50,000, exclusive of attorney's
fees, costs and expenses, will be final,judgment may be entered thereon in any court
having jurisdiction, and will not be subject to appeal or modification except to the
extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C.
Sections 10 and 11).
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(2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses,
may be litigated by either party on a de novo basis. The award shall become final
ninety (90) days from the date it is issued. If either party files litigation within said
ninety (90) day period, the award shall become null and void and shall not be used
by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this
AGREEMENT for any cause.
L. Observe and Comply
ARCHITECT shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ARCHITECT agrees to defend, indemnify and hold
harmless CITY and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation,whether
it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a
written amendment executed by both parties. The following attachments and schedules are hereby
made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
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ATTEST: CITY OF FORT WORTH
1 C
By: Irl
Sy via Glover Libby Watson
sS� Acting City Secretary Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED
AND LEGALITY
r
Assistant City Attorney 4 hard Zavala, Jr., Direc r
Parks and Community Se ce
Department
'ontract �uthorizatioa
Date ARCHITECT
ATTEST: Komatsu, Architecture Inc.
,L,t. b ll
lv-r.r s.Yet. By:
Corp rate Secretary Albert Komatsu
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ATTACHMENT A
TO
AGREEMENT FOR ARCHITECTURAL SERVICES
BETWEEN
THE CITY OF FORT WORTH AND KOMATSU ARCHITECTURE, INC.
FOR
WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT
SCOPE OF SERVICES BY KOMATSU ARCHITECTURE,INC
Objectives in general terms include but are not limited to the following:
A. Inquiry and narrative review of the existing architecture of the Water Garden.
B. Inquiry and review of Johnson/Burgee Design philosophy.
C. Inquiry and problem solving in coordination with Freese &Nichols, Inc; related to
alternatives for corrective measures which provide optimum level of life safety,
structural sufficiency, and practical maintainability while preserving the architectural
and design integrity of the Water Gardens as a Fort Worth landmark.
D. Cooperative Inquiry and problem solving with Freese &Nichols, Inc and the City of Fort
Worth related to water level maintenance and control. Participate in a Workshop with
City Staff and Freese and Nichols, Inc. to evaluate alterative solutions to the problems
identified as a result of the Engineering assessment and testing.
E. Collaborative Inquiry and design problem solving of architectural design elements for
I nclusion in alternative design solutions while attempting to maintain the design integrity
of the Water Garden aesthetics related to:
1. functioning water depth
2. use of materials;
3. placement of appropriate Signage and railings
F. Review of existing Engineers and Architectural documents.
G. Coordinate and Review the Freese and Nichols Inc Engineering Assessment and assist in
the development of alternative solutions.
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KOMATSU ARCHITECTURE ESTIMATE OF HOURS AND COMPENSATION
ARCHITECTURAL EVALUATION OF THE ACTIVE POOL ASSESSMENT
FORT WORTH WATER GARDEN
Hours Rate Total
1. Site Meeting and Initial Visit 2 $150.00 $300.00
2. Site Review 6 $150.00 $900.00
3. Review of Existing Documents and Architecture 8 $150.00 $1,200.00
4. Review of Freese and Nichols Work 8 $150.00 $1,200.00
5. Workshop and Alternatives Generation 33 $150.00 $4,950.00
6. Water Gardens Architectural History Review 5 $150.00 $750.00
Total 62 $9,150.00
Misc. Reimbursable Costs $ 500.00
Total $9,650.00
Deliverables
1) Report on the Visual Aesthetic and Architectural Design Integrity of the Active Water Pool
2) Conceptual Design Graphics or sketches illustrating alternative architectural design solutions for
architectural elements proposed as a result of the alternatives generated in collaboration with
Freese and Nichols,Inc.
3) History of Architectural Significance of the Water Garden Active Water Pool.
Schedule
Completion of all Deliverables by July 22, 2004 in coordination with the Deliverable deadlines for the
Freese and Nichols Inc. Engineering Assessment.
Komatsu Architecture, INC. "
WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT :: -
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ATTACHMENT B
TO
AGREEMENT FOR ARCHITECTURAL SERVICES
BETWEEN
THE CITY OF FORT WORTH AND KOMATSU ARCHITECTURE, INC.
FOR
Water Gardens Active Pool Architectural Assessment
COMPENSATION
I. BASIC ARCHITECTURAL SERVICES
For architectural services provided under Attachment A, the City shall pay the Architect
on a Salary Cost Method, an amount not to exceed Nine Thousand Six Hundred Fifty
and 00/100 dollars ($ 9,650.00), according to paragraphs A, B and C below. The basis
for this payment is shown in the attached Schedule of Charges (Attachment B-1) and
Summary of Costs (Attachment B-2).
A. Labor: The Architect shall be compensated for the services of his personnel on the basis
of$150 Per Hour for the time of Albert Komatsu for time directly utilized on this work.
B. Misc. Reimbursable Costs: The Architect shall be compensated at his cost plus 15% for
all costs other than salary costs that are incurred pursuant to this Agreement, but which
are not normally included as part of the Architects overhead. These costs include, but are
not limited to: air fare, automobile rental, mileage charges, parking, tolls, taxi, meals,
lodging, telephone, printing and reproduction costs, computers and word processors,
postage and mailing costs and other miscellaneous costs incurred specifically for this
project.
II. ADDITIONAL SERVICES
For Additional Services provided outside the scope defined in Attachment A, as approved
by a written amendment to this Agreement, the City will pay the Architect for labor, other
incidental direct costs and sub-consultants on the same basis as described in Paragraph I
of this Attachment.
COMPENSATION
COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION
A. Not to Exceed: The total fee for Basic Services in Attachment "A" shall be computed on the basis
of the Schedule of Charges but shall not exceed Nine Thousand Six Hundred Fifty and 00/100
Komatsu Architecture, INC.
WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT
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dollars ($ 9,650.00), If Komatsu Architecture sees the Scope of Services changing so that
Additional Services are needed, Komatsu Architecture will notify OWNER for OWNER's approval
before proceeding. Additional services shall be computed based on the Schedule of Charges.
B. Schedule of Charges:
Albert Komatsu $150.00 per hour
Staff Member Salary Cost Times Multiplier of 2.3
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay
applicable thereto) plus unemployment and payroll taxes and contributions for social security,
employment compensation insurance, retirement benefits, medical and other insurance, and other
miscellaneous benefits.
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Rates for In-house Services
Printing
Black and White
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Bindinp,
$5.75 per book
l
Komatsu Architecture, INC.
WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT
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ATTACHMENT C
TO
AGREEMENT FOR ARCHITECTURAL SERVICES
BETWEEN
THE CITY OF FORT WORTH AND KOMATSU ARCHITECTURE, INC.
FOR
Water Gardens Active Pool Architectural Assessment
There are no deletions or amendments to the standard form of the contract.
Komatsu Architecture, INC. -
WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT
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